268 ALTERNATIVE DISPUTE REDRESSAL SYSTEM as may be fixed by the Appropriate the submission of the report may be yreod upon in writing by all the parties ler to be id must be proceedings or within shorter period Government. However, the time fo extended by such period as may be ay to the dispute, But, any such extension in ord approved by the conciliation offi It is submitted that the extension of th is possible only with the approval of th agreement of the parties, which must be writing. time of submission of report conciliation officer and the Conciliation Machinery under Industrial Disputes Act, 1947 Under the Industrial Disputes Act, 1947 the conciliation machinery is of two types— S!©Q) Conciliation officers and 93(2) Board of conciliation 1. Conciliation officer. While keeping in view to promote facienterrs of industrial disputes, the Appropriate Government by notification appoints some officer as conciliation officers notably, a conciliation officer is appointed either for a specified industry for a limited period. However, a conciliation officer is duty bound to conduct a preliminary investigation before commencement of conciliation process in disputes relating to non public utility services. In course of a asa investigation, a conciliation officer is required to find out— (a) Whether dispute in question falls within his jurisdiction or (b) Whether sub matter of dispute involved a industrial disputes Bee gain —_————$ eA (©) Whether the demands made by disputants are bona fide or with the ulterior motive?” completion of preliminary investigation a conciliator decides Thereafter, a conciliator serves a formal notice about the date/place of commencement of dispute is a serious issue Act, 1947 gave a statutory is to be constituted by a hat the Board of conciliationCONCILIATION 269 General prohibition of strikes and lock-outs. The prohibition contemplated against strikes and lock-outs in Seetion 23 of the Industrial Disputes Act, 1947 is genoral in nature, It applies to “Doth public utility as well as non public utility establishments A strike in breacli of contract by workman and lock-out by the employer is prohibited in the following cases— () During the pendency of conciliation proceedings before a Board and seven days after the condliision of such procecdings; (ii) During the pendency of proceedings before a Labor Court, Tribunal or National Tribunal and two months after the conclusion of such proceedings; — Gi) During the pendency of arbitration proceedings before an arbitrator and two months after the conclusion’ of such proceedings, where a notification has been issued under Section 10-A (3-A) of the’ Acts, 1947, or; (iv) During any period in which a settlement or award is in operation in respect of the matters covered by such settlement or award. The object and purpose of these provisions seems to ensure a peaceful atmosphere to enable a conciliation or adjudication or arbitration proceedings to go on smoothly Section 23 of the Industrial Disputes Act, 1947 because of its general nature of prohibition Il strikes and lod&-outs irrespective of ct 18 of dispute pending before the that a conciliation proceeding before a conciliation or lock-out under this section. It is only a Board of Conciliation which is mentioned in he employers nor workmen were of such reference would not attract Section 23 etween the employer and the general body of , it would be too much to expect that the d be put on all strikes just because the ’ reasonable that the general body nan. It is submitted that there tion to matter other than those270 ALTERNATIVE DISPUTE REDRESSAL SYSTEM specified industries, The appointment may make either Permanently op ¢, @ limited period. The jurisdiction, powers and other matte 8 in respect, of the conciliation officer shall be published in the official Gazette is cortai, role of a conciliation officer; however, these are as und iin (i)_A conciliation officer is an administrative + Hot A judi officer, In case any dispute exists, the conciliat ion officer after giyi, ~ due notice under section 22 to the parties, shall hold conciliatig : Proceedings in the manner prescribed under section 12 of tha Act, 1947 Gi) Induce the contesting parties (Employer and employee) 14 come to a fair and amicable settlement of dispute, Gi) No undue delay should be allowed to prevail, Gy) It is the role of the conciliation time before sending notice to the parties; (v) If settlement taken place between the . There r, officer to fix a date, place and (vi) A conciliation officer may grant extension of time for the Purpose of conciliation proceedings, _ Jt is to be noted that the report of a conciliation officer is not & Privileged or confidential document. Thus, it is a Public Y document therefore; anyone can obtain a copy of report of conciliation officer. These are as under— 1. Winning confidence of parties 2. Determination of real issues of dispute 3. Temptation of settlement for parties yet alti Sonciliations process depend up on the et of a conciliator appointed. In other n the confidence of the disputing h If as a neutral and nce a conciliator is accepted by the ment of dispute, ho should be unable to Once real issues are asat CONCILIATION 4 3. Temptation of settlement for par A conciliator may be tempted or over enthusiastic to give a solution to the parties at an improper time. ‘There balance person and no undue is highly desirable that the for the parties and first of produced and discuss the i during the conciliation pI solutions to the parties to es, fore, ® conciliator suppose to hurry is warranted in conciliation process. It conciliator should avoid temptation of settlement all a conciliator has to 40 through the documents issues with the parties private rocess the conciliator may p avoid dead lock like situation. ly and also jointly, propose alternative Suggestions : For empowerment of conciliation process. However, while keeping a view to improve conciliation process, there are some suggestions, which are as under— L @) Separation of conciliation functions, Gi) Sufficient number of conciliation officers, (ii) Skilled persons to be appointed as a conciliator, Gv) A comprehensive conciliation manual to be prepared, (x) Statutory limit to be extended to three months, (vi) A conciliation officer should be well equipped with trained staffs, (vii) No investigation of disputed matter by means of correspondence, i) Disputing parties should not be ordinarily allowed to be ed by the legal practitioners, ndly dealing with the parties so that their confidence officers should be participative, and nts of various labour laws operating in the all be entitled to be represented in ites Act, 1947— cutive or other officer bearer of a /she is a member, or other office bearer of a ad cae manner as mayALTERNATIVE DISPUTE REDRESSAL SYSTEM 272 represented in any proceeding under the Industrial Disputes Act, 1947 by (a) An officer of an association of employers, of which he is a member, (b) An officer of a federation of associations of employers to which the association’s referred to in clause (a) is affiliated; (c) Where the employers is not a member of any asso employers, by an officer of any association of employers conn or by any other employer is engaged and autho may be prescribed, ion of with ed in such manner as (8) No party to a dispute shall be entitled to be represented by a legal practitioner in any conciliation proceedings under the Industrial Disputes Act, 1947 or in any proceedings before a Court. (4) In any proceedings before a Labour Court, Tribunal or National Tribunal, a party to a dispute may be represented by a legal practitioner with the consent of the other parties to be proceedings and with the leave by the Labour Court Tribunal or National Tribunal, as the case may be; It is submitted that the process of conciliation has been conferred a statutory recognition under the Industrial Disputes Act, 1947 which put emphasis on amicable settlement of dispute by making provisions for appointment conciliator officer or Board of conciliation with the view to resolve industrial dispute through conciliation machinery. Conciliation and Family Courts Act, 1984. The very ‘preamble’ of the Family Courts Act, 1984 says— “An Act to provide for the establishment of family Courts with a view to promote conciliation in, and secure speedy settlement of disputes rélating to marriage and family affairs and for matters connected there with’. Act, 1984 received the assent of the President on u lished in the official Gazette of India (Extra) vs that this Act was intended to settle of conciliation by means _of the rict level throughout the territory of India. Act, 1984 says that it is duty of Family of matrimonial/family disputes. where it is possible to do so of the case, to assist and ment in respect of the subject ee a Family Court may, t follow such procedure as it mayCONCILIATION ae thinks fit to enable attempts to be made to effect such a settlement’, ‘Thus, it is submitted that the Family Courts 1984 imposes duty . upon the Courts to conciliate the problem and settle matrimonial/family problenv/differences with the view to safeguard the institution of marriage/family, ‘Camera proceedings’ contemplated, _ Section 11 of the FAMILY Courts Act, 1984 declares that in every suit or proceedings to which this Act applies the proceodings may be camera, if Family Court so define, and shall be h defines. held in eld if cither party so Notably, this provisions is not mandatory in nature, however, if the Court thinks proper or either of “the “party désires to make i statements/arguments with a good degree of privacy, then such party may be permitted to undergo in ‘camera’ proceedings’, yFurther, Rule 2 of Order XXXII-A of the Code of Civil Procedure, 1908 declares that proceedings relating to matters concerning the family shall be held in camera. This provision says that in every suit or proceedings may be held in ‘camera’ if the Court so desires and shall be so held if either party so desires. “The object of camera proceedings to promote easy and private settlement of matrimonial/family dispute,’ however, with the intervention of the Presiding Officer of the Family Court. Notably, the technical ties of admissibility of evidence, rule of procedure ete. are not strictly followed in camera proceedings; moreover, the parties are provided with the privacy to seek settlement of marriage/family disputes in camera proceedings. ‘An term of Section 13 of the Family Courts Act, 1984 the parties may Peer crelocel praciitioner in tho interest of justice. ‘This section reads as under— “Notwithstanding any thing contained in any law, no party to a ing before a Family Court shall be entitled, as of right, by a legal practitioner; at if the Family Court considers it necessary in the , it may seek the assistance of a legal experts as 2 aforesaid provision is that in the interest of justice legal assistance with the prior permission of the Courts Act, 1984 tried to do away with the strict e as well as rule of evidence and to provide a less n of dispute by making a conciliatory approach to Courts have vested powers to deal with the matrimonial of marriage, judicial separation, divorce, restitution the Family Courts Act, 1984 says that the stateALTERNATIVE DISPUTE REDRESSAL SYSTEM Pr cnt shail in consultation with the HIGH Court, determine th Hers and categories Of counsellors, officers and other employees required bors ain ‘ ; nufibers amily Court in the discharge of its functions and provide the et with such counsellors, officers and other employees as it may Governm to asi Family Cow think fit Notably, Section 10 (1) of the Family Courts Act, 1984 declares that the Family Court shall be deemed to be Civil Court, Further Section10 (4) of the 4 said Act makes it clear that the provisions of the Code of Civil Procedure, 1908 and Code of Criminal Procedure, 1973 shall not prevent a Family Court from laying down its own procedure with a view to arrive at a settlement in respect of the subject matter of the suit or proceedings or at the truth of the facts alleged by one party and denied by the other. Thus, _ Section 10 of the said Act relaxes the procedure considerably before the Family Court. Although, Section — 15 of the Family Court reduces and Section 16 of the said Act permits adducing of evidence of formal character on affidavit This Section says that—_ "The evidence of any person where such evidence is of a formal character, may be given by affidavit and may, subject to all just exceptions, be read in evidence in any suit or proceeding before a Family Court may if it thinks fit and shall, on the application of any of the parties to the suit or proceeding summon and examine any such person as to the facts contained in his affidavit. Thus, evidence of formal character can be adduced by means of "affidavit and the same shall be entertainable by the Family Court. - Coneiliation and Hindu Matrimonial Laws. _ _——_ The legislative objects behind the making of the Hindu Marriage Act, mam aay (2) To liberalize the provisions relating to divoree, (@) To enable expeditious disposal of proceedings under the Act, v emove anomalies’ and handicaps that has come to > ae ons i \ d that the present Hindu Marriage Act, matters including validity of ordiag to Section 23 4CONCILIATION break-down of marria, Section 22 of the Hindu Marriage Act be in camera and may not be Printed oF publish (D) of the Said Act nYery proceedings under thi ‘camera’ and it shall not he lawful for any por matter in relation to a f Court or of the Supreme ©; permission of the Court, ~ Section 22 (2) of the 5 ge." 1 1955 states that proceedings to hed, According to Section 22 8 Act shall be cond: 80n to print or publish any Pt @ judgment of the High blished with the previous ucted in ourt printed or pul aid Act says that if any person prints or publishes ion of the provisions Contained “Hr Seetior-2a (1), * i tend to one thousand. Notably, the aforesaid Provisioh has been incorporated by virtue of the Hindu Marriage (Amendment) Act, 1976 ection 21-B of the Act, makes prévision for day to day hearing of matrimonial disputes for speedy disposition, Secticn 20B (2) of the Act says that ‘every petition under this Act shall be ted ‘a8 expeditiously possible and endeavor shall be made to eo vit nelude the tfial within ‘six months’ from” the ate of service of notice of the petition on thé respondent. According to Section 2 this Act shall be heard as ex made to conclude the hearing wi of matter of appeal on the respon Thus, time limit has been prescribed by the Legislature for the disposal of petition/appeal filed under the Hindu Marriage Act? 1955. Section 23(3) of Hindu Marriage Act imposes a duty on the court. to act conciliation between parties.” Section 23 (3) HMA makes a Provision an adjourn the proceedings for a reasonable period not exceeding ut reconciliation. The court can do so on the request of hinks it just and proper. Spouses, parents and couples s iliation, mediation and ADR methods in the onial reliefs fixed out by settlement will offer better d by adversary litigation in terms of time, efforts, family-breaking. en dons 34 (2) and 84 (3) of the|Special Marriage Act,| Paectorace contained in Sections 23(2) and 23(3) 006 All. 12 (DB); See also V. Bhaguat v. Mrs. ean v, Sunita Vijay Kumar Jain, 2002 (3) Civil v, Savitri, 1995 (2) SCC 7; Sukhendu Bikash Chaterjee 337, Section i fore Duty of Court in passing decrees—(2) Be mader is anit shall be the duty of the court in the first ‘it is possible so to do consistently with the nature and every endeavour to bring about a reconciliation between nothing contained in this sub-section shall apply to any it on any of the grounds specified in clause (0), clause Le craton (1) of section 27 of the Special Marriage aiding the court in bringing about such reconciliation,276 ALTERNATIVE DISPUTE REDRESSAL SYSTEM of the HMA. It was held in Pramila_ case. that although, there is difference of marriages under both laws especially in terms of ceremonies but duty of recenciintion geet the same.